Edward H Durell New Orleans Civic Reformer and Reconstruction Ju

University of New Hampshire University of New Hampshire Scholars' Repository Master's Theses and Capstones Student Scholarship Fall 2013 Edward H Durell, New Orleans Civic Reformer and Reconstruction Judge Sean C Perry University of New Hampshire, Durham Follow this and additional works at: https://scholars.unh.edu/thesis Recommended Citation Perry, Sean C., "Edward H Durell, New Orleans Civic Reformer and Reconstruction Judge" (2013) Master's Theses and Capstones 169 https://scholars.unh.edu/thesis/169 This Thesis is brought to you for free and open access by the Student Scholarship at University of New Hampshire Scholars' Repository It has been accepted for inclusion in Master's Theses and Capstones by an authorized administrator of University of New Hampshire Scholars' Repository For more information, please contact Scholarly.Communication@unh.edu Edward H Durell, New Orleans Civic Reformer and Reconstruction Judge BY Sean C Perry BA, University of New Hampshire 2003 THESIS Submitted to the University of New Hampshire in Partial Fulfillment of the Requirements for the Degree of Master of Arts in History September, 2013 UMI Number: 1524305 All rights reserved IN F O R M A T IO N T O A LL U S E R S T h e quality of this reproduction is dependent upon the quality of the copy submitted In the unlikely even t that the author did not send a com plete m anuscript and there are missing pages, these will be noted Also, if m aterial had to be rem oved, a note will indicate the deletion UMI Dissertation PiiblishMiQ UM I 5 Published by P roQ uest LLC 13 Copyright in the Dissertation held by the Author Microform Edition © ProQ uest LLC All rights reserved This w ork is protected against unauthorized copying under Title 17, United States Code ProQ uest LLC 89 East Eisenhow er Parkw ay P.O Box 1346 Ann Arbor, Ml -1 ALL RIGHTS RESERVED © 2013 Sean C Perry This thesis has been examined and approved Thesis Director, J William Harris, Ph.D, Professor of History Jason Sokol, Ph.D, Assistant Professor of History Gregory McMahon, Ph.D, Associate Professor of History To Mara, Aeneas, and Lilija Perry Acknowledgments Professor J William Harris warned me in 2011 that New Orleans during Reconstruction was a labyrinth of factions, violence and confusion I agreed with his assessment, but later discovered just how much I had underestimated his description Professor Harris’ knowledge of the American south, and American history, during the eras covered in this thesis proved invaluable More importantly, his patience and editing have transformed this research into a readable narrative Without Professor Harris’ assistance, I doubt I ever would have finished I also would like to thank Professors Jason Sokol and Gregory McMahon Their editing skills proved crucial, of course, but they provided me far more than that Professor Sokol’s colloquium covering the Civil Rights Era of the Twentieth Century provided a context researching Reconstruction that informed my writing and understanding of the tactics of Reconstruction-era Democrats For two years no one listened to me ramble on more about Edward Durell than Professor McMahon In fact, this project never would have began if he had not responded with “well, that sounds interesting,” when I told him there was a former Mayor of New Orleans buried in Dover, New Hampshire Speaking of Judge Durell’s grave, I must thank his wife, Mary, who was responsible for the massive tombstone, located in Pine Hill cemetery in Dover I feel confident in saying that Judge Durell would have been absolutely mortified to know how extravagant his stone is, and he never would have approved of it while living Without that prominent stone I never would have noticed it while taking a short cut to the bus stop in 1991 Twenty years later, I suddenly remembered it I also must thank Judge Durell’s sister, Elizabeth, who saved most, if not all, of the letters she received from Edward between 1834 and 1875 A large percentage of the new information contained in this thesis comes from those letters The entire staff at the New York Historical Society deserves mention A vast majority of the letters in the E H Durell papers were untouched since first archived Folded and then taped inside notebooks, the letters are extremely fragile They allowed me unlimited photography, and trusted me to handle documents I didn’t trust myself to touch Their genuine excitement that someone was actually looking at the papers proved contagious I confess that over the course of research and writing I grew to admire Judge Durell This was due, in large part, to my parents Frank and Eleanor Perry Like Judge Durell, they taught me, and have lived by, a strong belief that the ends never justify the means, two wrongs never make a right, and that working hard and doing the right thing is reward enough, even if no one else recognizes your actions During the writing our family dog, Lucy, died It wasn’t until the old, stray beagle/basset mix from North Carolina was gone that I recognized how often she was my sounding board in research and writing The last eight weeks of this project were more difficult without her vii Without my beautiful wife M ara’s support, I would still be laboring at a profession I disliked Her love for her career motivated me to return to Graduate school, and her proficiency at her career gave us the financial flexibility to so Her patience during some trying and stressful times is beyond description I love her for this and a myriad of other reasons I must also thank my children, Aeneas, now six, and Lilija, now four Both have displayed an astounding patience with my schedule, my stress and my need for writing time Both have somehow maintained a very active and sincere interest in Judge Durell They are now quite the young experts on my subject, and they have passed this on to their friends in kindergarten and pre-school Aeneas, sensitive to unfair treatment as only a six year old can be, remains incensed at Judge Durell’s historical treatment Lilija, especially, has elicited sympathy for Judge Durell, whose father, she gravely informs her young friends, “was not very nice.” I hope their interest in my work continues Lastly, I need to thank Judge Edward Henry Durell, for being the man he was viii Table of Contents Abstract Introduction Chapter 13 Flight from the Family Legacy Chapter 31 A Fateful Decision to “Save” New Orleans Chapter 99 Civil War, Reconstruction, and Exile Conclusion 145 Bibliography .153 147 changed many of those who considered themselves wealthy have been made poor, and they feel the change to a very high degree.” He added that civil rights for former slaves would be impossible, “except by the aid of military power.”5 This statement serves as a possible clue that Durell became aware that the Federal Bankruptcy Act of 1867, as Elizabeth Lee Thompson demonstrated, served as a tool to for these same ex-rebels that felt their pre-war political and social status was lost to “entrench Southern society’s class and race structure after the Civil War.”6 By using bankruptcy to retain their assets, some were able to also regain their political power This may explain why so much of the rancor utilized against Durell during the impeachment investigation focused as much on his role in bankruptcy cases as the 1872 election Clearly there existed great resentment against Durell from those “who considered themselves wealthy” but who “had been made poor,” by the war.7 Durell provided clues regarding his own changing beliefs during Reconstruction in a criticism of President Johnson, contained in his notebook He wrote that Johnson erred in holding “to the Constitution as it existed before the war,” stating that Johnson “could not comprehend that war legislates and changes Constitutions.” Durell felt Johnson did not comprehend the Eliot, Report of the Select Committee on the N ew Orleans Riots, 261 -265 Thompson, The Reconstruction of Southern Debtor’s, 140 Eliot, Report of the Select Committee on the N ew Orleans Riots, 261-265 148 “augmentation of the Central Power” of the Federal Government wrought by the Civil War For Durell the Civil War was a revolution.8 Durell’s definition of this revolution, and his understanding of the “augmentation of the Central Power,” changed between 1862 and 1866 He, at first, greatly resented the presence of military authority, challenging it to various degrees, especially under General Banks It was apparently the “civil rights bill” of 1866 that finally solidified his view regarding the necessity of military authority In the Constitutional Convention of 1864 he said, “Nothing goes backward in times of revolution Let any man tell me that slavery exists, and I will tell him that Heaven and the light of day proves the assertion false But I have long since learned that those who hold on to the dead past go down with it, and sink forever God’s laws are certain He [the former slave] stands as free as you or I Such is the law of God and you cannot change it.”9 While evidence suggests he never anticipated the 1864 Constitution being rejected by Congress, by 1866 he appears to have been grateful for it With the return of ex-rebels to the city and state, he became well aware that a military presence was required, and would remain required, for “God’s laws” to be enforced Durell’s own experiences clearly affected how he viewed events During Reconstruction, he despised the role of the press in enflaming the worst emotions of the people on both sides Regarding the role of newspapers, he declared that “the Press is the Mob of this Country.”10 He also revealed his “General Orders” notebook, E.H Durell Papers Debates in the Convention, 543 10 “General Orders Notebook”, E.H Durell Papers 149 continuing distaste for party politics that abused the spirit and, sometimes, the letter of the law While he came to respect Charles Sumner greatly for his role in Reconstruction, he strongly opposed Sumner’s actions in attempting to impeach President Johnson He felt Johnson’s impeachment was a crude attempt to frame the President as “guilty until proven innocent.” This, Durell believed, was nothing but politics, and no goal, no matter how just, was worth defiling the law He concluded that the “Impeachment of Johnson has weakened our institutions impeachment has become a party weapon.”11 While he was not alone in this feeling regarding Johnson, Durell, in particular, felt a victim of impeachment used as a political weapon Durell lost his job, but more damaging to him, his reputation, because of a concerted effort by members of both parties with different but converging political motivations in achieving Durell’s ouster Perhaps during his gathering of evidence Durell realized that writing a book from his perspective would only drag him back into the spotlight, a place he had never desired to be His papers reveal it was while researching the year 1868 that all notes ceased, and no actual draft of an account of the earlier years exists While we have some of Durell’s broad thoughts in his own hand, the evidence covered in this thesis also tells a story Durell easily could have inherited a life in the public eye, with great wealth backing his long term political ambitions Instead, he rejected this life completely, losing his inheritance as a result He left New Hampshire in 1834 for a very uncertain future because he would not be known, and remembered, as another Judge Daniel Durell 11 Ibid 150 He refused offers from prominent men to advance his young career, even from future President James Polk He never paid political fealty to any man or party, even working for free as Federal Judge for months while waiting for approval from Congress, for he disliked the political connotations implied by receiving a recess appointment For all the travails he suffered, and despite some venting of anger in private letters, he loved New Orleans His public actions between 1850 and 1874 were never tainted by corruption Benjamin Butler’s own investigators concluded this, and no historical research since has discovered evidence to the contrary Perhaps some may think Durell operated not of desire for money, but for power, or to help the Republican party The evidence does not bear this out, either Wary of politics and politicians, his associations with Radical Republicans ended during the events leading up the New Orleans Riot of 1866 The attempts of Dr A.P Dostie, Judge Thomas Howell, former Governor Michael Hahn, and their allies disgusted him by the very nature of their illegality He felt he did everything possible to stop it When his predicted result came to pass, he vented his anger at those Radical Republicans who had laughed at his warnings Durell did not exaggerate when he told his sisters that politicians were a class “whom I wish to have nothing to do.”12 If there was any type of conspiracy hatched by Governor Kellogg during the state election of 1872, Durell was not part of it There is no evidence he was friends with Kellogg, and certainly Kellogg did not exert any effort in defending Durell later Even some Democrats felt Durell was not part of any plot, but was 12 E.H Durell to his Sisters, “To my Dear Sisters”, August ,1 6 E.H Durell Papers 151 instead tricked into making his “midnight order.” The Democratic National Committee gleefully noted that afterward, “the drunken Durell” was quickly “deserted by the miscreants who had used him.”13 The Democratic National Committee was not wholly incorrect Durell was deserted by the Republican Party for following the Enforcement Act law that they had written Durell was never called to testify during the Senate investigation because the primary author of that law, Senator Morton, was the chair of the committee He likely knew Durell could explain how he had followed the law as written, even that he was legally required to so In 1873, The New Orleans Republican pointed out that Morton, as the primary author of the Act, should have understood “the effect of its enforcement,” adding, “if he merely intended to frighten rebels,” he should have informed Durell and other Judges that the law actually “did not mean anything.”14 This was almost a year before Butler began the impeachment investigation Durell’s true motivations in his seizure of the state house revolved around protecting the voting rights of African Americans, and protecting the lives of Democrats and Republicans, whites and blacks Durell saw Warmoth’s machinations, such as ignoring Durell’s court orders, and moving up the swearing in of Warmoth’s chosen election winners, when combined with the raised hackles of Republicans, possibly creating the perfect New Orleans cocktail for another murderous riot He ought to have known, he had witnessed many 13 Democratic National Committee, The Campaign Text Book: Why the People Want a Change (New York: Democratic National Committee, 1876), 118 14 “Honorable Edward Henry Durell,” 129 152 such political riots since 1837 Durell’s “midnight order” was, indeed, executed honestly and legally Edward Durell’s contributions to New Orleans remain largely forgotten This is partly because of Durell himself He did not seek accolades or fame for his achievements Although he privately seethed at the untruths written about him, other than his statement during the 1864 Convention, and a public rebuke of the New Orleans Picayune regarding the 1856 City Charter, he never publicly defended himself His roles in the Carondelet Canal reconstruction, the initial ordinances and plans for New Orleans City Park, the 1856 New Orleans City Charter, and his literary career are antebellum subjects that have rarely been examined His work as a Federal Judge also appears to deserve deeper research than attempted here My own conclusion is that he was an honest and brilliant man who struggled with living a public life He felt God had blessed with him great ability, and that to hide it would be a sin Yet during all his pubic roles, he always wished he could regain the life of privacy he had abandoned in 1849, when he realized he loved New Orleans too much to leave 153 Bibliography Manuscripts and Unpublished Sources The Abraham Lincoln Papers at the Library of Congress, Series General Correspondence 1833-1916 Library of Congress, Washington, D.C Durell, Edward H Account of a Journey to Texas Made by Edward Durell in 1839 William Clements Library at the University of Michigan Ann Arbor, Michigan “E.H Durell Papers, 1794-1888.” New York Historical Society Patricia D Klingenstein Library New York, NY Government Documents and Other Published Primary Sources Bennet, Albert (Reporter) Debates in the Convention for the Amendment of the State Constitution of Louisiana New Orleans: W.R.Fish, 1864 City of Dover, New Hampshire Annual Reports of the Receipts and Expenditures and of the Several Departments for the Municipal Year 1891 Dover: Scales and Quimby, 1892 Durell, Daniel Meserve Mr DureU's Motion Considering the Capture and Condemnation, Under the Decrees and Orders of any Belligerent, of a Vessel of the United States as a Declaration o f War: February 4, 1809 Read, and Ordered to Lie on the Table Washington D.C.: A & G Way, 1809 Durell, Edward H Report Upon the Wealth, Internal Resources, and Commercial Prosperity of the City of New Orleans New Orleans: Bulletin Book and Job Office, 1855 Durell, Edward H Rules, Orders, and Regulations in Bankruptcy Adopted by the Hon Edward Henry Durell New Orleans: Office of the Republican, 1867 Eliot, Thomas D., and Samuel Shellarbarger, and Benjamin M Boyer Report of the Select Committee on the New Orleans Riots Washington D.C.: Government Printing Office, 1867 154 Hammond, Isaac M., compiler and editor Rolls of the Soldiers in the Revolutionary War 1775, to May 1777 Concord: Parsons B Cogswell, 1885 Hebert, Louis Special Report on the New Orleans Canal and Navigation Company to the Legislature of the State of Louisiana New Orleans: 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War and Reconstruction Baton Rouge: LSU Press, 2012 ... of New Hampshire, September, 2013 Judge Edward Henry Durell has faded from the historiography of New Orleans, the Civil War, and Reconstruction When he does appear, the long held belief that he... “The Honorable Edward Henry Durell? ??, The Granite Monthly, April, 8 ,1 13 Chapter Flight from the Family Legacy The miser loved his daughter with his whole soul; he loved gold with more than his... accumulate through still another span of life; and he showed her to the world as a new title to his possessions, which was to carry them with himself, even beyond the grave - Edward Henry Durell,